Last week, a federal appeals court struck down the President’s controversial executive order. If it rejects the case, the decision will be final.
Advertisement
In November 2014 Obama issued decrees allowing people who illegally immigrated to the United States, but whose children are legal residents, to remain in the country while their legal status is resolved and be allowed to work.
The program known as DACA – Deferred Action for Childhood Arrivals – “changed my whole life”, said Ortiz, who earned bachelor’s and master’s degrees from San Jose State, teaches at De Anza College and works as a liaison for San Jose Councilman Raul Peralez.
The request for Supreme Court review is a major development in the Department of Justice’s drive to save Obama’s immigration plan and see the programs enacted before he leaves office.
Generally, the court must accept a case by January in order to schedule it for oral arguments and a decision before the court’s term ends in June. “With this swift filing by the Department of Justice for Supreme Court review, the Court has plenty of time to hear the case this term and provide stability to the millions of families stuck in legal limbo”.
But experts on the court note that the justices could also make special accommodations for a case that carries such important questions about federalism and the balance of power between the political branches of government.
Democratic presidential candidate Hilary Clinton has said she would go further than Obama in shielding many types of illegal immigrants from deportation, while Donald Trump, a Republican candidate, has maintained he would deport all 11 million. In February, a district court in Texas agreed.
She also said she has watched in dismay the vilification of refugees fleeing violence and upheaval in the Middle East and Africa, and called out Republicans for falling “into the trap of hate speech against immigrants”.
Texas and 25 other states took the feds to court over the actions a year ago, arguing that the administration overstepped its boundaries and placed substantial burdens on local governments.
Twenty-six states, led by Texas, are challenging the actions arguing that the President exceeded his authority.
Yet, a dozen measures set in place by the Obama administration Nov 20, 2104 are now still in effect, and 7 to 9 million people are safe from deportation, while they wait for the Supreme Court’s judgment.
Advertisement
In the 70-page opinion by Judge Jerry Smith, the court concluded that all 26 states not only had standing to challenge DAPA, but that DAPA was not authorised by existing federal law. Judge Hanen reasoned that the administration did not “comply” with Administrative Procedures Act’s “requirements”.
